1. Activity a. County is seeking highest quality first run touring Broadway productions and programming that will develop, diversify and retain audiences in the Salt Lake Region. County and Co-Presenter will work jointly on presenting each Series, as defined below, and ensure all Series goals are met. b. The selection of all Broadway Shows shall be subject to the mutual approval of the Parties. County will retain the right to veto any proposed production. c. Parties shall have mutual approval of the following: i. marketing plan and budget for the Series; ii. financial terms for each Broadway Show; iii. the annual budget for each Season; iv. ticket pricing (including discount policies); v. approval of financial estimates and projections; and vi. all other material decisions regarding the presentation of the Series. d. County and the awarded Proposer (referred to as “Co-Presenter”) will participate jointly in sourcing, booking, contracting, and marketing a Subscription Season (“Season”) of touring Broadway plays and musicals to be sold as a package. Season shall consist of no fewer than 5 shows including full and multi-week runs. e. Season packages sold may not exceed 16,000 per season, to ensure adequate single ticket inventory for single week runs. f. Additional Broadway shows within a Season that are not included within the Season package may be presented, collectively referred to as a Series (“Series”). g. Each Series at Theater will include no fewer than 6 titles and no greater than 10 titles, unless otherwise mutually agreed, encompassing a minimum of one hundred (100) performances calculated on a rolling average, three-year basis, hereinafter referred to as “Required Events” as the same term is defined in the attached UPAC Operating Agreement (Exhibit A) and Theater Booking Policy (Exhibit E). h. Minimum Broadway Series attendance must aggregate an average of at least 60% of the seating capacity as mutually determined by County, Proposer and Producer of the show. Available seating shall be calculated in a manner consistent with industry practice, local market conditions and other market standards. i. Each Series Year shall commence on September 1 and conclude on the following August 31. j. All performances will be presented at Theater. k. County intends to enter into an exclusive agreement with Proposer for the presentation of touring Broadway programming in the region. Proposer agrees that neither party will present Broadway Shows at any venue between 1,400 and 3,000 seats in Salt Lake County other than at Theater. In the event either party seeks to present Broadway Shows at a performance venue outside of Salt Lake City and within 175 miles of Salt Lake County boundaries, in a venue between 1,400 and 3,000 seats, the other party shall be offered the right to participate on terms substantially similar to the resulting agreement, unless otherwise agreed to in writing. 2. Community Engagement a. A&C seeks a Proposer committed to implementing Community Engagement strategies for expanding and diversifying audiences at Eccles Theater, to include: i. Profit-generating events that will develop and diversify new audiences for the Theater; ii. Marketing and promotion strategies to reach underrepresented community members; and iii. Potential education programs and show-related communitybased activities to increase engagement of new and diverse community members across the Region. 3. Scheduling a. County will exclusively manage the venue’s calendars, in accordance with the UPAC Operating Agreement (Exhibit A) and Theater Booking Policy. The awarded Proposer will have a priority choice of dates in the 2,501-seat hall at Theater, such priority to be established in the resulting agreement to be negotiated, but no later than FEBRUARY 1st annually for the season beginning SEPTEMBER 1 of the same year.
